Friday, September 25, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 4
Division 1
Section 241

Rejecting application | Section 241

(1)The commissioner may reject an application if—

(a)the outcome sought is not within the jurisdiction of a dispute resolution officer; or

(b)for a conciliation application—the commissioner considers the dispute is not appropriate for department conciliation; or

(c)the commissioner reasonably believes the applicant has not made a reasonable attempt to resolve the dispute by—

(i)for a conciliation application—internal dispute resolution; or

(ii)for an adjudication application—internal dispute resolution or department conciliation; or

(d)the applicant fails, without reasonable excuse, to comply with a practice direction made under section 233 about internal dispute resolution; or

(e)the applicant fails, without reasonable excuse, to comply with a requirement of the commissioner under section 240(1) about the application; or

(f)the commissioner is satisfied—

(i)a party to the application is no longer a person mentioned in section 227(1) for the dispute the subject of the application; and

(ii)the outcome sought by the application is no longer relevant or required; or

(g)the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or

(h)the subject of the application is a related dispute to a debt dispute.

(2)The commissioner may also reject an application if—

(a)the commissioner—

(i)reasonably considers the applicant does not wish to proceed with the application; and

(ii)by written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and

(b)the applicant—

(i)advises the commissioner that the applicant does not wish to proceed; or

(ii)does not respond to the notice within the period mentioned in paragraph (a)(ii).

(3)To remove any doubt, it is declared that the commissioner may accept an application that the commissioner may reject under subsection (1)(c) or (d) if the commissioner considers the acceptance appropriate in the circumstances.

Examples of circumstances—

the application is for a declaratory order, or for authorisation for emergency expenditure

there is a threat of violence between the parties to the application

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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